HIV/AIDS and Reportable Diseases
Many believe that people living with HIV/AIDS are required to disclose their HIV status to their employer, dentist, physician, etc. In fact, HIV/AIDS is not necessarily a reportable disease. And the type of reporting in question can vary depending on the situation. Let’s separate the true from the false.
1. What is a reportable disease?
The Public Health Agency of Canada defines a reportable disease as “a disease that is considered to be of such importance to the public health that its occurrence is required to be reported to public health authorities.” These include infectious diseases, diseases thought to be eradicated or controlled, diseases caused by exposure to chemical products, parasites, etc. Diseases including cholera, malaria, plague, cancer caused by asbestos, whooping cough, and measles are among the reportable diseases listed by the Public Health Agency of Canada.
It is up to the provinces to decide what is considered a reportable disease, and what action will be required for each. They also determine what information will be passed on to the federal agency.
Quebec has established its own list of reportable diseases, which must be reported to the public health department within 48 hours. The list is made up of diseases likely to cause an epidemic if not controlled, that are recognized as a significant public health risk, that require vigilance, and that are preventable. In these cases, the name of the person infected with a reportable disease, their contact information, their birth date, their medicare number, and the details of the progression of the disease must be reported to the public health department, in order to avoid contagion. The infected person would then be monitored closely (in French only).
2. Is HIV/AIDS a reportable disease?
The answer is yes… and no. It is reportable only in the event that the infected person has donated or received blood, blood products, organs or tissues. The physician must then provide the necessary information on the donations, tranfusions or transplants.
The Public Health Agency of Canada has included HIV/AIDS in its list of reportable diseases. However, once the list is shared with the provinces, it is up to them to decide what should be reported to health authorities. In Quebec, the reporting of new cases of HIV/AIDS to Health Canada is non-nominal: the physician reports the new infection, the person’s age, gender, and some general information but does not reveal the identity of the infected person. The information reported can therefore only be used for statistical purposes.
In Quebec, HIV/AIDS is not considered a reportable disease requiring close monitoring since it is not a communicable disease that needs immediate intervention. The only situation where HIV/AIDS is reportable is if the person has received blood or tissues.
Therefore, new cases of HIV/AIDS are reported to the Canadian Public Health Agency for statistical purposes, but no personal information about the person’s identity is shared, and no monitoring is done by the department of public health unless the person has given or received blood or tissues. The newly diagnosed individual could, however, be followed by a specialized physician in order to receive appropriate treatment, as necessary.
3. When are people living with HIV required to disclose their HIV status?
A person’s HIV status is confidential. It is personal information that cannot be disclosed without the consent of the person concerned, unless required by law.
However, there are three (3) situations where a person living with HIV has to disclose his/her HIV status:
- When applying for insurance;
- Prior to sex which poses a “realistic possibility” of HIV transmission. For more information on this topic, read : HIV non-disclosure and criminal law: Implications of recent Supreme Court of Canada decisions for people living with HIV.
- During the Canadian immigration process, when a medical examination is required.
The obligation to disclose is therefore unrelated to the notion of reportable diseases. Outside of these three scenarios, a person living with HIV is in no way required to disclose his/her HIV status.
In addition, in no circumstance is a third party permitted to disclose the HIV status of another person without their consent.
VIH INFO DROITS does not provide legal advice or counsel.
The information in this document is not intended to council the public, and does not replace the services of a lawyer.
Although we monitor legal developments, we cannot guarantee that the information presented here is up to date. COCQ-SIDA cannot be held responsible for any damages resulting from the use of the information contained in this document.